Miami-Dade BCC - Comprehensive Development Master Plan & Zoning

>> good morning, the clerk's office received notification commissioners bermudez, steinberg and senator garcia will be absent from today's meeting. Commissioner bstien. Commissioner cabrera. Commissioner cohen higgins. Commissioner gilbert. Commissioner gonzales. Commissioner hardemon. Commissioner higgins. Commissioner regalado. Vice CHAIRMAN Mcghee. CHAIRMAN Rodriguez. Five members present, we do not have a quorum. >>... >>ron book: commissioner gonzales. Commissioner hardemon. Commissioner higgins. Commissioner regalado. Vice CHAIRMAN Magee. CHAIRMAN Rodriguez. Eight members present, we have a quorum. >>chair rodriguez: please rise for indication led today by commissioner gilbert followed by the pledge. >>commissioner gilbert: bow your heads. Thank you for this day we've never seen before and will never see again. [Inaudible] >> I pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation, under GOD, indivisible with liberty and justice for all. >>chair rodriguez: make sure all phones are turned off, guys. MR. Attorney , can we go ahead and take zoning and cdmp together as we've done in the last several meetings? >>county attorney: it would be appropriate to set a single agenda at this time. >>chair rodriguez: moved by commissioner gilbert, second by commissioner higgins, all in favor signify by saying aye. Show the agenda set. >>chair rodriguez: attorney: at this time of the zoning director could read the introductory statement as well as have the witnesses were. >>chair rodriguez: zoning director go ahead. >> eric silva, rer. All entities have been noticed and mailed and properties posted. Additional copies of the agenda are available in the chambers. Items called up to be heard by the agenda number and name of applicant. Action on any item MAY be reconsidered and additional action MAY be taken on any item at the same meeting. Members MAY wish to govern themselves accordingly. The record on file include documents from the public agencies department of regulatory and economic resources or an appeal for the appeal board, and all documents are physically present today and available to all interested parties who MAY examine these items from the record during the hearing. This statement along with the fact that all witnesses advance warning shall be included in these proceedings. In addition there is a translator present for individuals requiring such assistance. Please wear in the witnesses. >> stand and raise your right hand. Do you solemnly swear the testimony you are about to give is the truth colder than nothing but the truth so help you GOD. Please be seated. Interpreters. Do you swear or affirm you will make a true interpretation of the questions asked and testimony given, thank you. >>chair rodriguez: anything else on your end? >> we do have one deferral . >>chair rodriguez: on item 8c1, that is commissioner from district 2, would you like to do for the item? >>commissioner bastien: so moved. >>chair rodriguez: moved by commissioner bastien, second by the vice chair, all in favor say aye. All in favor of the deferral say aye. All opposed say trends you. Show item 8c1 deferred. MR. Attorney can we go ahead and take item 4a and the 4a supplement and 4a1. >>county attorney: this is a standard application for public application and transmittal. I will read the application as well as ordinance title for the first reading and board MAY take a vote item on both bible call. Resolution pertaining to items out of cycle application no. Cdmp20240005, filed by the miami-dade county department of regulatory and economic resources, requesting amendments to the comprehensive development master plan; directing the county mayor or county mayorc/b?B=s designee to act in accordance with the transmittal instructions included in this resolution related to application no. Cdmp20240005, amending policy lu-8h of the land use element of the comprehensive development master plan; requesting state land planning agency to review application no. Cdmp20240005; reserving the right to take final action at a later date; and declaring intent to conduct one or more subsequent public hearings. That is item 4 a and 4a1 is a ordinance relating to miami-dade county comprehensive development master plan (Cdmp), providing disposition of application no. Cdmp20240005, filed by the miami-dade county department of regulatory and economic resources as an out-of-cycle application to amend policy lu-8h of the land use element of the comprehensive development master plan; providing severability, exclusion from the code, and an effective date. These are items 4a, 4a supplement and 4a1, this is a public hearing. >>vice chair: we do have a list of proposed speakers. I will call you up to the podium and when you arrive please deliver your name and address. We have mr. Jeff barcomb, please come to the microphone, john jerome and paul amber. >>speaker: morning MR. Chair. I am here on 4a and 4a1. >>vice chair: name and address please . >>speaker: jeff burkart, 200 south biscayne blvd. We got a 10 minute presentation on behalf of the builders association. I don't know if you wanted to add that to the order, I've got a couple experts with me. >>vice chair: what we will do then, we will allow you to go last and ask those who have something shorter to come up before you, thank you. Laura reynolds, john jerome, paul amber. >>speaker: we are speaking on item 4a, this is in favor of the recommendation from county. >>vice chair: name and address please . >>speaker: laura reynolds, southwest 64th ct. South miami. Representing the whole the line coalition. So this is an important jobs ratio. The reason why we are in favor of the recommendation from the county is when you cite jobs next to housing you are able to reduce the cost of transportation, reduce the cost of affordable, make a living affordable by reducing the cost of transportation. If you have to drive really far to your job center you are increasing that cost so we ask that you use the correct data the county is provided with a compromise of 1 to 4 . The reason this is a little bit lower than what we have now is because people are working from home so this is based on data, this isn't a mandate. This is a suggestion . It is not required. It is something you should keep in your arsenal so we can keep those job centers going next to where we are building. If we allow for a one to one that people are going to be traveling a very long distance to get to work so we ask that you take the county's recommendation, support the 1 to 4 and uphold our comprehensive master plan which tries to keep the cost of living down. That's what this will do. So we ask that you accept that recommendation, that compromise and deny the 1 to 1 suggestion that in front of you today. >>vice chair: thank you MISS Reynolds. Jerome and or paul amber, are you present? You're part of the presentation, all right. Would you like to come up now? Truly, did you register to speak ? State your name and address for the record . >>speaker: I got here about 20 after nine. Trudy burton, executive vice PRESIDENT For the builders association of south florida. We are represented by counsel who I think will do a wonderful job. 111 northwest 1 83rd st., miami gardens 33169. We are represented by counsel and they have about a 10 minute presentation and I think that will say everything we need to say. We support that recommendation, thank you. >>vice chair: thank you trudy. Okay, so is anyone and everyone can hear me , just do me a quick favor. Today is give miami day and I believe we can associate the ring of a telephone or cell phone to a donation to give miami day. So if you would lke to give at least $500 as the lowest amount to give miami day please leave your phones on. And with that said we look forward to you to make that donation to the give miami foundation so who's phone is going to ring next? Next MR. Jeff birkau, on top . >>speaker: thank you MR. Chair, vice chair and congratulations on your new leadership positions . >>vice chair: I have a question, is there a possibility your presentation of 10 minutes can somehow decrease to like , two minutes, four minutes, seven minutes . >>speaker: I will tell you sir I've got about two and half minutes and our consultants are three minutes and about four minutes. We will try to make it as quick as possible . >>vice chair: I guess the question, do we need it at all ? If you say so by all means but understand you can open up some doors and boxes here that I have no idea we are in. >>speaker: yes, we need them . >>vice chair: let's go speed. >>speaker: this policy involves policy lu-8h that are required to provide a one lu-8h that are required to provide a 121 housing ratio. This ratio means housing is close to units or jobs reducing trip length and commuting time. However most of the county inside the urban development boundary does not meet this threshold. The county's overall jobs to housing ratio is 1 to 1. Only five of the counties exceed this 1.5 1 to 1. Only five of the counties exceed this 1.521 magic ratio and most of the areas adjacent to the u db are well below 1 to 1 in jobs to housing ratio. This requirement to satisfy a jobs to housing ratio is not imposed on any other development application in the county which is one of the least affordable jurisdictions in all of the united states and the staff's recommendation for a 1.4 to 1 ratio will only worsen that situation. While we believe landowners should not be required to address a regional issue the county commissions 1 to 1 ratio is a reasonable compromise. It's still going to require projects to provide a significant nonresidential because the new development must be well-planned with the mix of residential and commercial uses . We support the amendment as the county commission direct if with a one as the county commission direct if with a 1 to 1 ratio and the planning advisory board recommended in favor of 1 to 1 so you might wonder where does this 15 to 1 magic ratio come from? From a planning association report: jobs to housing balance . It's in the handout we will be distributing and we will ask the court to put a copy in the record. We've asked the author of this report to speak today. His bio and cv are in the handout. He has a doctorate in urban studies, master in city planning in 35 years experience as an urban planner. I asked you to welcome doctor white and recognize him as an expert in the field. >>vice chair: doctor white, how are you? State your name and address for the record. >>speaker: jerry white, 1225 rooker rd. >>speaker: jerry white, 1225 rooker rd., georgia. Thank you for the opportunity to speak, I'm here on behalf of the builders association. My past jobs lions include atlanta regional commission and georgia regional transportation authority. That work led to report that you cited about in 2003 jobs housing balance and in that report I recommended a 1.5 to 1 ratio. Here 21 years later I'm here to recommend the ratio of 1 to 1 a provided by the county commission's proposed policy or better yet further modification of that policy to do away altogether with that qantitative standard in favor of qualitative assessments. I have a letter on record today which sites those reasons and if I could briefly say some remarks there. The first point of five I'd like to make, it's a planning tool jobs housing balance, not a regulation and it's for an entire region, not part of our region. The way the county is applying it is as a regulation to the part of the region and that's not consistent with national practice. Secondly qualitative balance of jobs and housing is more important than the quantitative balance. You can have a person perfect 1.5 to 1 ratio quantitatively but that does not mean residents will take the jobs in the area. Third point quantitative standard is quite antiquated and obsolete. At this point it's over 40 years old and much as changed since the time this was written. Four decades of changes include changes in household composition, employment trends, etc. The 1.5 to 1 ratio is not attainable most places. As jeff has pointed out it's not applied or is not attained in more than six places in the region and finally the benefits if applied are not necessarily met by these objectives. We want to reduce workforce community, traffic congestion but not all that is necessarily achieved by this so in conclusion I think the county has great growth management policies in place and does not need to rely on one double rigid quantitative standard. Thank you. >>vice chair: thank you sir. How are you? >>speaker: thank you vice chair. >>vice chair: name and address . >>speaker: paul lambert lambert advisory 100 biscayne blvd., miami, fl. My firm has served as a consultant to south florida builders association for 2 to 3 years. Based upon around housing and economic issues. And considerations as it relates to the market. More than two years ago when we were asked to look at the ratio reroute recommend the builders association advocate to have the entire removal of the ratio from the cdmp. The reason is simple. This 25 to 30-year-old policy is no longer a planning policy that has currency. Additionally the policy was meant principally to be applied at the regional level and not translated into a regulation unlike what the hold the line indicates. It's a hard regulation targeted to a sob area for regional. However the staff goal of having 1.4 to 1 ratio is to reduce congestion by apply the ratio to urban areas outside the udb? Why not apply it to all areas, it makes practical and rational sense to do that. Staff analysis notwithstanding the overstatement of fuel savings dramatically overstate the savings to commuters due to a major error in calculation and provides an indication of what the jobs to housing policy might mean in fuel savings if the policy was applied countywide and not inside the udb. There's one example the staff uses a report about the reduction of 3.29% reduction in fuel utilization in the county if the policy is applied. The reality is that report talks about a community called mountain house in california. Mountain house in california , that report was done 2006. It was really an academic study done in 2006. This community house but 2008 mountain house is in the new york times is the most underwater community in the entire united states in terms of mortgage foreclosure or where values of housing are low, lower than the mortgage rates. Back community voluntarily tried to balance jobs to housing but back community in 1994 when it was first master plan was done set a 1.541 to 1 ratio for housing. By 2019 25 years later after the master plan was complete they had only achieved 8.07 jobs to housing balance. This policy is one which is virtually impossible to achieve . It's one of the major reasons why the builders significantly are concerned about it and frankly it's going to limit this commission's ability to make modifications and be able to approve and review proposals for plans outside the urban development boundary. We've submitted a detailed letter talking about the staff analysis and considerations and concerns which you have in your possession. I'll leave my comments there and of course we can answer any questions that you have. Species. >>vice chair: thank you so much, there is approximately 58 seconds remaining. Sir. >> MAY I make a correction with their 50 seconds? I said something wrong and I wanted to correct it. It was 1.4 1.42 1 the ratio so we do endorse the staff recommendation, I want to make sure that was on the record. >>vice chair: thank you. MR. CHAIRMAN, any other speakers who registered or forgot to register for this item? MR. CHAIRMAN it appears this is your item. Please go ahead and make your remarks. >>chair rodriguez: thank you vice chair. >>vice chair: public hearing is closed by the way . >>chair rodriguez: I think you heard all the facts from the presenters and I in fact I think we heard more than we bargained for, thank you for that. So unless any of my colleagues have questions I moved to transmit this item to the state. In favor, roll call actually. >>chair rodriguez: to move it as the item stands, not per this recommendation. >>ron book: commissioner bastien. Commissioner cabrera. Commissioner cohen higgins. Commissioner gilbert. Commissioner gonzales. Commissioner higgins. Commissioner regalado. Vice CHAIRMAN Mcghee. The CHAIRMAN Rodriguez. Passes 8 to 1 . >>chair rodriguez: the item is also mine so 8a4. MR. Attorney, we will take on item 8a4 so the vice CHAIRMAN Will take the gavel. >>county attorney: 8a4, archimedean aademy, number z2024000028 , no protests and no waivers . >>vice chair: public hearing is open, tucker gibbs. In order please come forward. >>speaker: my name is daniel porto, 75 w. 1200 avenue 32183. I'm here , that permit they are trying to paul is right behind my house. And right now I have a video. I don't know if they submitted it of the commotion every morning in and out of my property and when they have an event there , any kind of event people try to park in my property. If I leave the gate open they tried to come into my property. If I leave the gate closed, they parked in front of my property. I can't get out. I can't get in and out of my driveway. I have 330 feet of property and I pull permits to put trees down. I put trees down. This county signs no parking, no standing anytime. They don't care. They tell me I pay my taxes, I get into arguments all the time. I pay my taxes, I'm allowed to park wherever I want area they tell m straight out area and I'm against any more kids. They get permission for 1000 kids , they will have 1500. Nobody regulates them. Now they have 1200. Now they want 1300. Right by my property and it's always a constant argument. Kids jump over my fence to get the balls. When they break a leg, I keep telling them I went once because the fence was down after a hurricane to complain kids were coming into my property and they were going to get her and they almost call the cops on me. They told me who are you and what are you doing here? I said I'm your neighbor from right behind. >>vice chair: thank you for attending and making your voice heard on the record. Do we have ernest richard? Tucker gibbs. Waving and support. Ernie waves in support and tucker gibbs. Are you here? >>speaker: I represent horse country miami and I'm here to say we are in support . >>vice chair: the key to get into this would be your name and address. >>speaker: tucker gibbs, 3835 utopia court, miami, fl and we are in support. >>vice chair: those are all the speakers, it appears public hearing is now closed. MR. CHAIRMAN, this appears to be your item also, would you like to make comments or statements . >>chair rodriguez: firstly to the resident that came out to speak we do hear you. I appreciate your comments and here's the thing. I don't think the issues that you described are going to be resolved or worsened or improved by what we are doing here today. I do think that the school should meet with all the residence. I think that's something I've been very clear about. And make sure every resident feels comfortable having this come in our neighborhood. I myself lived in that neighborhood so I suffer some of what you've described. Everything because I'm not a jason so I don't have kids jumping into my bckyard to get their balls but I deal with the traffic situation as well and I understand the importance of having good schools. This does not increase the students by very much because what we're doing and feel free to explain if needed but we're just moving the kids from essentially across the street all into one campus. In fact what we looked at in the study we saw is it will alleviate some of the traffic because now you have it on both sides of the road where now you would have to get into the same campus. So I think those are very real concerns the gentleman described but you guys should not threaten to call the cops and I'm not saying it's accurate or who fom your office said that from the school but it's something that today before you guys leave you should get with the gentleman and exchange information and make sure if he is one of your immediate neighbors that should be resolved. And tucker gibbs and everybody we've been in communication with pior with the school and outside of this I've said the community is the most important thing for us so with that because there's not much of an increase in students and I don't anticipate our real traffic increase as well and I would be the first one affected, I live in that same community and do make a motion to move this application forward. >>vice chair: hearing the motion made and second, MR. Attorney. >>county attorney: that is with the covenant proffered. >>chair rodriguez: yes. >>vice chair: roll call . >>ron book: commissioner cabrera. Commissioner gilbert. Commissioner gonzales. higgins. Commissioner regalado. Commissioner bastien. Vice CHAIRMAN Mcghee. CHAIRMAN Rodriguez. Motion passes unanimously. >>speaker: for the record we are here on behalf of archimedean academy and we will be meeting with the neighbor to address those concerns. >>chair rodriguez: commissioner regalado you are recognized. Name and address. >> 333 se. 2nd avenue. >>commissioner regalado: to the applicant we recently changed our comp plan so you do not have to come to us to build a wall or a fence so you might want to look into that and meet with the neighbors. What this board approved was up to 10 feet specifically because of the cmplaints we have with adjacent property owners so that you could do it administratively. So you should consider that. >>chair rodriguez: MR. Attorney could we take items 3a, 3a supplement and 8c3. >>county attorney: this is a small-scale application previously heard on first reading before the board for public hearing and final action. I will read the ordinance as well as companion resolution in the event the board wishes to convert to a standard application. If the board takes final action on a small-scale resolution will be deemed withdrawn. There is a concrete zoning application accordingly a single public hearing will be conducted in accordance with gray's additional principles. So item 3a is a ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cdmp20230027, located on the southwest corner of sw 248 street and sw 124 avenue, filed by lennar homes, llc, as an OCTOBER 2023 cycle application to amend the county's comprehensive development master plan; providing severability, exclusion from the code, and an effective date. Item 3a supplement and 3a1 is the companion resolution and the zoning director can now read the companion concurrent zoning application title as well. >> the zoning item is 8c3, 437, no protests, no waivers on this item. >>chair rodriguez: we will now open up public hearing, I have no public speaker cards so applicants, how much time are you going to need? >>speaker: MR. CHAIRMAN I don't need any time. >>chair rodriguez: if the commissioner of the district has questions for you, do you want to say your name and address? >>speaker: fill arza with lennar homes, otherwise we urge you to follow staff recommendation . >>chair rodriguez: public hearing is officially closed. Commissioner from the eighth district . >>commissioner chen higgins: I move the item consistent with staff rcommendation. >>chair rodriguez: second by commissioner gilbert, any discussion. Mdm. Clerk please call the roll . >>ron book: commissioner higgins. Commissioner regalado. Commissioner bastien. MR. CHAIRMAN. Motion passes unanimously . >>chair rodriguez: on item 8c3 you are recognized for emotion . >>commissioner cohen higgins: I moved item consistent with staff recommendation. >>chair rodriguez: second by the commissioner, any commissioner that's awake this morning, commissioner regalado. Any discussion, seeing none please call the roll . >>ron book: commissioner gilbert. Commissioner gonzales. Commissioner hardemon. Commissioner higgins. Commissioner regalado. Commissioner bastien. Commissioner cabrera. Commissioner cohen higgins. Vice CHAIRMAN Mcghee. CHAIRMAN Rodriguez. Motion passes unanimously. >>chair rodriguez: let's go ahead and take item 8a1 . >> application 8a1, 11341 realty application number z2023000 >> application 8a1, 11341 realty application number z2023000264, no protests and no waivers of support for this application. >>chair rodriguez: no public speaker signed up to speak, is the applicant present? Is the applicant present? Public hearing is closed, you are recognized for a motion. He's not here. There is a deferral, second by commissioner regalado, all in favor say aye. Show this item deferred. MR. Attorney let's take, is this 8a2 . >> application 8a2, q venture z2023 >> application 8a2, q venture z2023000265. We had no protests and no waivers of support . >>chair rodriguez: is the applicant here on 8a2? Public hearing is now closed, commissioner from the third district, there is a motion to defer, second from commissioner bastien, all in favor signify by saying aye. >> that would be DECEMBER 19 at 9:30. >>commissioner gilbert: do we know why the applicants aren't here? Staff, do they communicate at all? Not here . >>commissioner gilbert: he's represented by counsel . >> staff said he was here earlier today but they don't know where he went. >>commissioner gilbert: I only ask because I am here. Okay. It is deferred. >>chair rodriguez: let's take item 8a3. >> 848 brickell, application z2023000423. No protests and no waivers of support for this application. >>chair rodriguez: public hearing has already been had so commissioner from the fifth district. >>commissioner higgins: good morning dennis. My understanding is last night the attorneys and also the zoning director were able to collaborate with you on a new covenant or declaration. Can you refer, remind us where we are and I think what I read and received this morning looks fine to me but perhaps the zoning director would like to adjust what the motion would be because it would be different from what we received in our agenda packet. >> in your packet you have the packet containing a revised page 6 which includes a description of the revised covenant with an increase transportation benefit contribution to $2 million and added in the approvals discussed in the last two meetings including crosswalks as well as the two traffic signals and the company is also at your desk today and applicant since the last meeting has met with the public work staff and property owner to the south and they've completed their revised transportation methodology and analysis and have had two meetings with both those groups as included in your packet. >> dennis kerr bell, a kerman llc. 98 se. 7th st., a kerman llc. 98 se. 7th st., suite 1100 miami florida and also to congratulate the new chair and vice chair. And to all the commissioners who have been reelected. The motion I think would be to move to adjust the condition on the covenant based on the new terms . >>commissioner higgins: I feel like you haven't left the county attorney's office. That would be my motion , thank you for meeting with the neighboring property owner, that will benefit both of you in the long run and I appreciate everything that happened and with that I move the item. >> we need to add the 30 day covenant . >>chair rodriguez: with the 30 day condition it's been moved by the district commissioner, seconded by commissioner regalado, any further discussion, please call the roll. >>ron book: commissioner gonzales. Commissioner hardemon. Commissioner higgins. Commissioner regalado. Commissioner bastien. Commissioner cabrera. Commissioner cohen higgins. Commissioner gilbert. Vice CHAIRMAN Mcghee. CHAIRMAN Rodriguez. Motion passes unanimously. >>chair rodriguez: let's take item 8b1. >> community center of miami 202-300-0244. We've had no protests and no waivers of support . >>chair rodriguez: I'm going to open up public hearing and start with the public first. We have speakers signed up so do not forget to state your name and address and you will have 2 minutes to speak. Come up to the well as I call your name. E charles o'sullivan. Rev. Marvel hall. Jason stiles and catherine driscoli and a carlos polito, all on 8b1. Please state your name and address for the record. >>speaker: kthy charles o'sullivan, 15348 southwest 1 65th st. 33187. Good morning members. I do live in the stonewood community adjacent to the subject property and want to let the board know I did attend the SEPTEMBER 30 meeting and spoke against the application item. The zoning hearing was well attended by residents and I would urge the board to examine the record of concerns raised as reflected by the number of residents that spoke in opposition to the item. Unfortunately the schedule of this meeting MAY not allow the same level of participation from residents which I think leaves you the board members at a distinct disadvantage. As you consider your deliberation on the item. The change from gu to ru-1m will affect traffic and all concern is 1 47th st. , 1 47th ave., 1 60th st. And 1 68th st., 1 47th ave., 1 60th st. And 1 68th st. I asked you deny the appeal and sustain the determination. I ask you consider this action and save the residence from what we consider as death by 1000 cuts in these types of applications. Thank you very much . >>chair rodriguez: name and address for the record. >>speaker: rev. Martha marvel, 1 32nd st., pinecrest, fl 33156. I am the code minister and PRESIDENT Of the board of trustees at unity center of miami and with me today are the other board members, vice PRESIDENT Treasurer and secretary as well. Interestingly I was on the board of trustees when we purchased the property in FEBRUARY 2002. That is the property unity center of miami. For 22 years unity ctr. Has resided on our land. We have served the community as a polling place, farm share distribution site, coordinating arm of jackson south for the covid vaccine during the pandemic and the source of spiritual nourishment for the community. We've weathered hurricanes and tropical storms, laurel will the pandemic. Needless to say the pandemic has had its lasting effects not only for the nation but for unity center of miami as well. We pivoted to online services which have proven much more attractive and in person in attendance to our congregants. As such we have felt the economic strain on our finances and property expenses to maintain and sustain our operations area understandably there is a financial gain for unity center of miami and we are grateful for GOD's abundant good. We know it will be used to continue our mission of building a world that works for all. Our vision for our property is one that includes happiness, joy, comfort, prosperity and goodwill. This has always been our vision and does not appear to be inconsistent with that of lennar but we are good stewards and have thought about the abundant opportunities for both us and lennar and all the future residents. While unity center of miami and lennar my differ on some matters as a representative of unity center of miami I stand in favor. >>chair rodriguez: name and address for the record . >>speaker: catherine driscoll, 15141 sw. 166th st. I am a resident of stonewood and a neighborhood in which I have lived for 29 years. In those 29 years we have seen traffic increase exponentially to a point where it now takes me approximately 30 minutes during rush hour to go 3 miles from my house to 117th avenue to get on an expressway. It's just gotten worse and worse. We have two roads , only two roads in and out of our development. Those two roads are sw. 147th avenue and suthwest and sw. 152nd avenue that's the only way in and out. Now that lennar has a large development of some 83 homes those homeowners are cutting through stonewood and it has just made traffic incredible. You're talking about building a development that fronts sw. 147th avenue this morning I came up that way in order to pick up a neighbor to be here to speak and to witness that traffic for myself because I don't use that road anymore, I can't get out that way. If I have to get out that way I have to add an additional 20 minutes where I am going even if it's too public's, it's crazy so you're talking about putting all these houses going to come out on 21 47th avenue just south of 160th st. Where traffic already backs up every single morning almost all the way back to eureka drive. I strongly oppose this. My neighbors strongly oppose it. We are dealing with people coming through our neighborhood at this point, walking their dogs, not cleaning up after their dogs, instruction equipment. You are rendering what was a lovely neighborhood unsafe, please oppose this . >>speaker: jason soil stiles, 140 s. 7th st. And I am a resident of stonewood and PRESIDENT Of the h away. Since lennar's development we've had all the issues you heard over and over again. But I think one unique concern is the increased density of the area is just continuing to degrade the value of the community. You heard about the traffic, you've heard about the time it takes. There's noise pollution but you've also seen a lack of green space . Miami is a beautiful space and we see a lack of community. So we're seeing those residents of that new area walking their dogs, having their pets do their business but also coming through a community we've been asked multiple times by our community to put more speed bumps in and we've done that and we actually need to put more in. My concern really is , and you'll see if you have a presentation in front of you you will see lines of traffic along the area we are talking about but one of my other concerns is not just that, it's that if you go to the lennar website today they are showing the lots at the nonapproved sides and marketing them. I don't know if this is owned but I know this was denied previously ad I will make sure it stays the zoning that's in place now but as a person who lives in the community who's seen the impacts and seeing that lennar is already reckoning something we are preparing to fight for we are concerned so please take our appeal to consideration . >>speaker: carlos polito, 151 21 164th st., terrace. So I am a vivid owner of stonewood, been there for seven years. And I represent the on my block . If not every single person in stonewood. So the reason why we bought stonewood was because of community. And the board here, I heard everybody stressed community. We bought because of the schools, but because of zoning and I'd like to stress the zoning issue. Zoning keeps neighborhoods intact. It keeps crime out of neighborhoods and also keeps every single thing that was mentioned here flowing and livable. I urge the board , one of the other speakers suggested that the board review its previous testimony , when it was overwhelmingly rejected by the previous board and one of the testimonies was ems technician who lives in stonewood and he stated and I quote him, he stated if an emergency ever happened in stonewood, a life or death emergency the person would die being transported to the hospital because of traffic . So now we're presented with and by the way the houses, everybody gets a picture of what's going on the houses are about three quarters of an acre . It's the reason why we bought thereto is because it's a solver area it's more than a solver. We don't reject people, we like people, I like people but I also like to maintain the standards. I don't want to be disenfranchised because somebody wants to overbuild and the existing plan was intelligently done, what is before you. I urge the board to strike this down like the other people did. >>chair rodriguez: name and address . >>speaker: 16605 southwest 148 avenue miami, fl 33187. I'm meeting to what was said before and we shared if you drive at any point the traffic has become impossible but it's even worse when the avenue which is 147 has been totally crowded with lennar's new homes. We had to go line there building but not only that they opened the road that yes, it was plotted and they opened it, it's supposed to be one way but it's being used two ways so down that road there's speeding at night coming into our neighborhood and endangering our community, our children. People walking with their dogs. The plan they had which last night I was very surprised and disappointed, they already have on their website the new homes they are going to build there. And the road that they have that is, I apologize. 1 53rd rd. Actually goes into that road that goes into our community so we are adding more cars to a community we don't have. It's our streets where our neighbors walk, where our neighbors have their pets. I've gone after neighbors that have seen it from lennar and I say pickup, this is not your neighborhood. They become aggressive and their answer is tell lennar, they never build pet friendly so I don't know what they mean by pet friendly but it's better to use rer. Another point, do we need more homes? There's about 153 homes in 33177 . We have 94 homes available in 33187. They even have galliano where they built. >>chair rodriguez: thank you for your time. >> gregory simpson. I'm vice PRESIDENT Of the center of miami and a member of that congregation for 35 years , half of my life. I'm speaking on behalf of that congregation. I've been in three separate places and always we have been good stewards. Also we've been servants of GOD. It would be an advantage to our church for this sale to go through and I am in favor of that. >>chair rodriguez: can you put your address on the record please? >>speaker: 4619 4619 driscoll avenue 4619 driscoll ave., miami, fl 33133. >>chair rodriguez: how much time are you going to need? >>speaker: I'd like to address some of the concerns that come up, probably five minutes . >>chair rodriguez: I have the district commissioner. Do you want...? Okay, 5 to 7 minutes, you said . >>speaker: hugo arza joined by my partner this evening or this morning as well as fill of lennar homes. So we appreciate the opportunity to present before you. The application site on 145 7th avenue so we appreciate the opportunity to present before you. The application site on 145 7th avenue s. Of 100 and so we appreciate the opportunity to present before you. The application site on 145 7th avenue s. Of 164th st. Is already enjoys the land use classification for which we are seeking in zoning. We are not proposing any land use change and in fact that land-use was effectuated years ago. This is merely to redesignate this property and here is your land use that exists today so we're not seeking to increase density not already allotted by your master plan and we are developing less but that land-use is in place from back in 22. The zoning request you have here today would extend that ru-1 west of our site to this parcel for a total of no more than 28 units per the cdmp. However the site plan will be at 22 units so even to the maximum number of units that the cdmp would allow we've already found a way to reduce that site plan by six units , nearly 25% below and closer to five units per acre than the six units per acre. The land use is in place but we are not even taking advantage of that fall land-use. The purpose of the application, we hear a lot about finding these smaller infill parcels and trying to deal with them and provide housing in those infill parcels. Your cdmp and zoning codes incentivize that. They want us to find these locations. Here is the proposed site plan and tellingly the size of 22 units and you'll see the addition of the fact that it's actually parted in a continuation of the existing lennar community to one of items about the number of houses, I don't think I need to tell all of the unit that folks are out there looking for houses. This site plan you see is a continuation of what you see there which is completely sold out. One of the speakers and neighbors said not even lennar is trying to, they sold out a year ago. The application was approved in 2022 and that community due west of which this request will be a continuation as you can see on the right side hold out because there is a demand and that's important to keep in mind. I'm going to talk to the values in the second and some of the concerns that neighbors brought up but the disc declaration of restrictions that the cdmp would allow, the review of departments, we enjoyed the staff recommendation of approval. We are here on appeal but staff has recommended approval of all the departments and that's what you can see here. Post community council outreach because absolutely, neighbors showed up and we made an effort. I know outreach efforts made concerted efforts to meet with the stonewood hoa and they did speak with the folks, I have notes tat we reached out and were able to them one-on-one but they did not take up an opportunity for us to speak with them collectively as a hoa but we created a dedicated website for anybody to write or send a comment or email, none of that was necessarily exercise but we did speak with them and let's talk about the things we heard the last time we heard about fire and you just heard about buddy's testimony at community council that if there was an issue that person will die. Obviously we appreciate everyone's strong heartfelt opinion but I would urge you to look at your fire department and their memos and their belief that they are within industry standards to cover this site from the nearest fire station area property values, I want to show you a graphic in a minute. We hear time and again property values if this gets approved our homes are going to devalue. Again intuitively we all know this is not true. I will show you a graphic and a second that talks about the increase this area broadly not just this immediate but in half a mile in every direction has seen prices continue to go up even while the community was developed by lennar and in fact you constructed tends to be a higher square foot price so the existing properties are going to also benefit from the fact that there is new comparable sales and maintenance and again outreach that we did. Throughout the process from the end of SEPTEMBER conversations we had. Then coming back to what we heard time and again. There's always going to be a traffic concern. Just about with any development you all see at any point. It's would be impossible for any one project whether it's slightly larger like the community that lennar developed and paid impact fees for and the like to solve the traffic woes and certainly for a 22 home subdivision it would be impossible for that subdivision to address broader area concerns. We are sympathetic to the idea that it takes someone much longer today to reach a certain point than it did 10 or 20 or 30 years ago area i was born and raised in this county but we cannot expect any development much less a 22 unit development that is a continuation of the existing project and provide for a need in the area and that's sold incredibly well because folks welcomed the new families. Welcome to coming into this neighborhood. And expect that the project would be the one that bears the burden of fixing traffic woes along 163 or 147th avenue area we will work with the county, work with all of you, with dt pw or whatever the case MAY be to address traffic concerns. Lennar is ready to do that but one project should bear that burden. Here's the property values again and the property sold in 2022 before lennar opened up salerno communities and on the left the property sold in the last x months over $50 a square foot more. This is not having an impact on any of the prices in the area so again, we are certainly appreciative and sought to address some of the concerns brought up that we could address. We're earning property values and fire. We are happy to work with the neighbors and approaching the county with respect to traffic calming issues and the like but we do believe for a project like this is 22 units we would urge you to follow staff recommendation for approval with our covenant and declaration of restrictions and I'm happy to answer any questions you MAY have. >>chair rodriguez: public hearing is officially closed, thank you for your presentation and commissioner from the ninth district, you are recognized. >>commissioner hardemon: to each of the residents who came out thank you and MR. Arza also thank you. I do have a few concerns and I do believe it's probably appropriate if I were to defer this to the next meeting. That would allow for me to conclude my research on some items that were presented to me first last year. It gives you an opportunity to meet with the residents and see if you all can work this out. >>speaker: absolutely commissioner, we will take the lead. I've stated on the record since I was going fast we did reach out to the hoa to stonewood in an individual capacity. >>vice chair: listen to me carefully. Meet with the residents. Meet with the residents. Work this out . >>speaker: we will do our best. >>vice chair: motion to defer to the next meeting. >>chair rodriguez: second by commissioner gilbert, any discussion, seeing none all in favor say aye. Show item 3b 1 defer until the next meeting. DECEMBER 19. All right MR. Attorney let's take item 8c4 and director can read a statement into the record. >> application 8c4, application 2024000041, no protests and no waivers of support for this application. >>chair rodriguez: I'm going to open public hearing but I have no speaker cards so if the applicant need some time go ahead. How much time are you going to need, name and address, you know the drill area . >>speaker: good morning, vice CHAIRMAN As well. Javier fernandez, bought office at 201 alhambra cir. , bought office at 201 alhambra cir. Commissioners, I have a very brief verbal presentation given that we do have a recommendation for denial without prejudice but also just to take any qestions the commission MAY have regarding our request very briefly in more than three minutes. This application is intended basically to allow for the restoration of what had been historically the principle uses on the site. This site since 1953 has been owned by two owners of which have been operated successful automotive uses. Both on this property for 60 the last 70 years. With the adoption of the ncua the regulations this site was unfortunately mapped mc as opposed to mcs when and when the uses were abandoned the uses cannot be restored so the goal here is not to expand or enlarge the mcs category but merely I would say in some disagreement with staff to restore what is our designation consistent with the historic use of this site and with that I'm happy to take any questions the commission MAY have. >>chair rodriguez: we are closing public hearing and the commissioner from the second district is recognized. >>commissioner bastien: I do have questions for MR. Silva. Tell us about the location of the property, is it within the urban area center and what is the second question is that is the significance of that. >> is located in the north central urban ctr. And the significance of that is about 20 years ago there was the north central charrette. There was a series of community meetings, a plan drawn up and throughout that time it took a year or two to get that all done they came together and decided especially along this road or 27th avenue and 119th st. They want to have mixed-use development to support transit. In this site in particular is located along a pre-transit corridor or seventh avenue. So with that bus goes from government center all the way to golden valley so it's very important connection for transit. Mixed-use residential uses and cardigan uses such as this throughout the charrette and the zoning district, that's what we're trying to avoid in these urban centers. >> what is the property currently zone four. >> the property is owned or mixed-use. Bastien: can you give us detail or history of the previous use? >> as the applicant mentioned back in the 50s when they had reviews for auto type uses I think going up to the 70s and 80s they had some auto uses there and also had a beauty salon, that's the last certificate of use approved by the county. And when the zoning was adopted in 2010 staff went and checked it into use for the existing auto uses and if they had acted to you and want to use the property was designated mcs which is what the applicant is requesting here today. If they had not had to use at that time it was designated mc, mixed-use corridor. Bastien: speak about the characteristics of the lu 78 in terms of cdmp quest that objective and policy sets the framework for the zoning. So the policy the comp plan came first and the charrette and the zoning. So we are implementing that policy through the zoning right now. >>commissioner bastien: I like to read a statement before I make my comments in terms of the department where it's located and . >> if I MAY address a couple of points, hopefully give you some more information before you can put your comments if that's okay. If I can be recognized for another minute. >>chair rodriguez: you can be recognized in questioning the public hearing is closed. >>speaker: I wanted to elaborate because again you do not have evidence, we did pull the records but if you pull the google images for the site you will see through 2011 the site was actively used as enterprise rental car facility and then through 2015 during the deliberation or the development of these standards and then through their post reduction the site was used for an automotive use, basic rv sales facility as well so it was on all of those uses were not apparently known to the county but they were present on the property during the entire adoption of these regulations. I would also note in terms of the consistency of this application of past acts of this commission this commission was in 2015 and 2019 and then 20/20 adopted two applications for the coroner where the uses the use designation or the designation was changed from mc to mcs on-site in one case that did not have passed automotive use and I can provide those numbers. 2015 0031 and z 2019 00136 all of which share similar characteristics and that we have automotive uses to the north, south and east of this property as was the case with those other two applications so again I think the only difference I have is not their analysis, it's their conclusion. Conclusion being this is not an endorsement of this category. And the district clearly where the public wants to move to mixed uses. It's a restoration of the use that has been there for 60 of the last 70 years of the site existence. Another question, is there a difference for auto leasing and auto rental? And also for auto dealership, what is the difference and can a business obtain a certificate, use that same certificate for older businesses? >> there are different certificate applications that describe what you're going to do with the property if you have sales or leasing or repairs. Then it is specifically noted. >>commissioner bastien: any violations in terms of the abuse? >> this application started with a violation in FEBRUARY. They had a violation because it did not have a srategic particular use for the auto use on the property area though the applicant received a violation and sbsequently submitted a zoning application which is before you today. >>commissioner bstien: thank you so much. First I would like to do a moment to appreciate representation and also to appreciate the contribution that you MAY area and we know that in the business industry to especially in the northwest corner it does create jobs. And I as the commissioner of district 2 I get that a lot. However it is extremely important to acknowledge that the acceptance of this application does not align with the broader vision for northwest seventh. And I'm going to read some of the , a couple of statements. Based on staff notes and recommendations staff notes the subject property above 57th avenue designated as proposed premium transit corridor for future bus rapid transit on northwest seventh, northwest seventh really regards the use of future mass and mixed-use and it does not discourage his auto oriented uses. And in the other parts I like to use , I'd like you to read quickly is that through his various planning and community charrettes, the residents clearly indicated that they wanted uses that create businesses, that create more affordable housing, especially for the developments located through the transit line. Consequently our vision for district 2 is really a decision that reflects the residents of the area. And the residence through the charrettes and through communication with our process consistently express their views as to what exactly developments that they want in the northwest in the nw. 7th avenue corridor. So it is my belief that the developments have to be done with approval. And the application is not consistent of the vision of the residence. And they are not consistent with my vision either and what I really see for the future of this district. The northwest seventh corridor is the very important. It's the thoroughfare to the airport, to west miami. It is a thoroughfare for broward and in the coming years it will really be significant , it's very significant in terms of population, in terms of businesses going in there. In terms of some of the uses that I envision . Especially in regards to the residence and what I like to see. So I will concur with staff denial. With prejudice which will allow you and the applicant to come back. Like I said I value the business, I know it's c4. But the applicant has been an area fr quite a while. And I do value the process but this application does not represent , does not represent the vision that we have for this district. And so I concur and I moved to reject this application, to deny. I control with staff. >> there is a motion to deny, is there a second. There is a second by commissioner higgins to deny, commissioner regalado you are recognized . >>commissioner regalado: thank you commissioner for your comments. I have a few questions for staff. Because obviously we feel very strongly about our transit corridors and the comp plan that ties into that and one of the reasons we make changes to our comp plan is to incentivize property owners to build what we want to see in those corridors. But the question is after a certain amount of time if it's not built, if they have the zoning opportunity and they don't build, what are their options. So holding onto property especially if you are being forced to have a particular use as a cost. In the alternative is to put it on the market or just to sit on it . And in this case despite the changes they were having another use which is a historic use so my question is is there any way to accommodate that. Because with the alternative and that's a question to the old attorney but you've been cited, your ear so you can continue doing this business, you pack up and go home? Is it empty, do you sell it, what happens now. >> my client is in the automotive business and I understand the concerns, as long as it's providing for the best and that it it can be forced to care for the neighborhood and in the case of this owner we do operate businesses across the street and it's probably a shining example of the kind of automotive use you would want in their intention would be to replicate that on the site. Again I don't disagree with staff analysis, don't disagree with the commissioners particularly vision for the district here, but we have a unique circumstance in the home and atomotive on the site from the early 150s through 2015, my client MAY have assumed the use was a vested one when they acquired it and therefore ran into this issue and we are not seeking to enlarge the presence of the mcs category. We are seeking to have the county recognize what has been a historic use of this property, one that they will continue hopefully in the best possible iteration of that use. >>commissioner regalado: I guess to the attorneys staff's position is you just pack up and go home. That's kind of what I am sensing here. Also have the conflict of the property owner. The property owner thinking MAY have a particular use, we thought it was grandfathered in, now it is not. So yeah, that's my question. >>speaker: this property, it's a full block. Most of the property is a parking lot, it has a small building 4000 ft.B2 so it is a prime candidate for redevelopment in the area and I would encourage the property owner to contact the cra about redeveloping this property and maybe figure something out but it's not far from 79th st. Where we have had redevelopment on seventh avenue. So something is happening . >>chair rodriguez: commissioner from the second district. >>commissioner bastien: I appreciate your comments, commissioner regalado. Every commissioner has a vision. In my district when you drive the nw. 7th avenue corridors all ucr car dealerships. As a matter of fact on the streets there are six car dealerships. Six. And besides car dealerships you have pawnshops and all kind of stuff so based on what was presented today and based on what the answer is that the research that was presented, my position is that to deny without prejudice which would allow the applicant to come back and present something else really something that meets, that benefits and meets the vision of the residence and vision of the community. >>chair rodriguez: thank you commissioner, mme. Clerk can you please call role? >>ron book: commissioner hardemon. Commissioner higgins. Commissioner regalado. Commissioner bastien. Commissioner cabrera. Commissioner cohen higgins. Commissioner gilbert. Commissioner gonzales. Vice CHAIRMAN Mcghee. CHAIRMAN Rodriguez. Motion passes unanimously . >> thank you for your time. All right MR. Attorney, can we go ahead and take up our last items, seven a and 7a supplement and then eight c2 together. >> this item is for you for final adoption, ordinance relating to miami-dade county comprehensive development master plan providing disposition number z20 through 11 located between southwest 252 street and southwest 2563 and southwest 142 avenue and southwest 144 avenue filed by tmc naranjo 666 holdings in the MAY 2023 cycle to amend the county cdmp providing severability exclusion from the code and an effective date, with seven a supplement and as noted there is a concurrent zoning item is eight c2. This is a public hearing held on both the zoning portions in accordance with quasijudicial principles. >> tmc holdings application z2023000. 179, no protests and no waivers of support for this application . >>chair rodriguez: I'm going to open up public hearing for both these items starting with the public first as usual, state your name and address for the record. You have two minutes. I've got daniel coro. [Reading names] >> it brings more jobs and affordable housing to the area and they provide good discount for county employees and first responders which is a great option or those serving in the area. They have a lot of county employees that are tenants there and we're really happy so I stand in favor. >>speaker: I reside at 301302 sw. 59th ave., I'm a resident of south dde and firmly believe should this item be approved it would be a great opportunity for more jobs or the local residents, that way you can cut down on their commute time and are able to spend time with family and friends as well as providing affordable housing options which the county so desperately needs. >> laura reynolds, south miami representing the whole the lin